GOLDWATER INSTITUTE CHALLENGES MESA'S
CULTURAL FACILTITIES DEVELOPMENT FEES

The Goldwater Institute filed a lawsuit on behalf of the Home Builders Association of Central Arizona against the City of Mesa challenging Mesa’s cultural facilities impact or development fee. The Complaint alleges that Mesa did not abide by Arizona’s development fee statute and its own legal requirements that development fees must be for necessary public services related to new development. A.R.S. § 9-463.05 states that “a municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development.” The Goldwater Institute alleges that Mesa’s cultural facilities impact fee to be used for museums and performing arts centers are not necessary public services and have already been built. The lawsuit also alleges that many Arizona cities are using impact fees for items unrelated to new development within that particular city or town.

THE FOREGOING IS MERELY A PARTIAL SUMMARY OF THE CASE
AND IS NOT INTENDED TO BE RELIED UPON AS A LEGAL OPINION.